Monday, August 01, 2005

More Boltonalysis

If you haven't been checking in at The Washington Note today on the Bolton matter, please do remember to stop by there; in Steve Clemons' absence this week, a great lineup of guest posters (as well as yours truly) have been posting - today's topics are basically Bolton, Bolton, Bolton. Also some of the comments to my earlier post contain great arguments on the recess appointment power and its application. For more on that, don't miss this excellent post from Alan at The Yellow Line.

I don't know that I'll do all that much more on Bolton, unless anything new and different appears. I'm disappointed, but I'm not surprised. If nothing else, perhaps this will spur a movement to put an end to the abuse of the recess appointment provision, which has been misused and overused for decades. I don't think a constitutional amendment is necessary (I'm generally leery of such things) ... a basic interpretation of the power as it was originally intended would do just fine. I fully agree with Alan's analysis of this point.

More later on other new and exciting things.

2 Comments:

At 7:37 PM, Anonymous Anonymous said...

perhaps the recess appointment is the only answer to a filibuster.
Why end one without ending the other? Obviously, either will piss off half the country.

Your "change the Constitution to fit my needs" is a bit trite.

 
At 10:13 PM, Blogger JBD said...

The filibuster and the recess appointment are hardly equivalent; particularly in this instance. The recess appointment power was never intended as a way for the president to circumvent the advice and consent clause.

I don't think I said anywhere that I wanted to "change the Constitution to fit my needs" - in fact I specifically said I do not favor changing the Constitution, just how the clause is used by the executive (regardless of party).

 

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